Allgemeine Geschäftsbedingungen (nachfolgend AGB genannt)
der HANDELSKONTOR von Tungeln & Cie. GmbH & Co. KG
1. General Terms and Conditions
These sale and delivery terms are 1st validity for conditions for all our deliveries and performances also from future business transactions this one. Divergent conditions of the customer are only valid when they are particularly appreciated by us in writing. The ineffectiveness of single regulations doesn't touch the effectiveness of our sale and delivery terms as for the rest.
2. supply and contract
End are our offers subject to alteration and without obligation. Because of orders all contracts take place, at the latest with handing over of the product with entrance of our written order confirmation. For the contents of the contract the order confirmation and our general sale and delivery terms are authoritative. Agreements differing from it always require our express written confirmation. The deliveries are ex warehouse carried out.
3. delivery time and delivery
3.1 In the time, the danger of the decline of or the damage to the product changes at the latest however with leaving our store on the customer in whom we submit the product to a forwarding agent or carrier.
3.2 an insurance of the product against damages in transit is carried out only on express request and the expense of the customer. They have entered us or our suppliers, either free us for the duration of their consequences, altogether, or as far as they lead to the impossibility of the delivery/performance nonetheless whether the
3.3 acts of god and other unusual circumstances, like particularly industrial actions, sovereign measures and traffic hold-ups, deliver of-/ obligation. If the performance hindrance lasts longer than 6 month, a right of withdrawal is entitled to us and the customer. A delay compensation is regarded as not forfeited under diesenUmständen.
3.4 the compliance with our obligation to deliver presupposes the punctual and proper fulfillment of the obligation of the customer.
3.5 the delivery date describes the departure of the store. Should a damage be caused for the customer due to a delay been for responsible by us
3.6 he is authorized so to demand a delay compensation. The right to the Geltendmachung presupposes that we haven't met an adequate extension set by the customer in writing. The height of the delay compensation amounts to at most 0.5%, altogether but not more than 5% of the value of the part of the complete delivery which isn't available because of the delay on time for every whole week of the delay. Claims going beyond it are excluded unless the delay is based on firm intention or gross negligence.
4. guarantee and the guarantee claims set limitation of liability
4.1 head that the examination and reprimand incumbencies of the § § 377 and 378 HGB were taken into account.
4.2 on the whole a defect to be represented of us is with the purchase thing, we are entitled to the defect elimination or to the substitute delivery after our choice. We aren't obliged in the case of the defect elimination to carry charges which arise by the fact that the purchase thing was spent to another place than the place of performance.
4.3 are carried out or parts replaced without our consent changes at the products, which don't correspond to the original specifications, the guarantee is dropped here.
4.4 we only then are committed to doing the improvement or substitute delivery if the customer has met his contract obligation for his part, has one under consideration done the defect's adequate part of the due payments particularly.
4.5 guarantee claims against us are entitled to only the immediate customer and aren't transferable.
4.6 aren't we for the defect elimination/substitute delivery despite a written request of the customer under or not, adequate Fristsetzung, until after adequate periods, this is particularly delayed for reasons which we have to represent or the defect elimination/substitute delivery fails in another way, the customer is authorized to withdraw from the contract (change) or to ask a corresponding inferior demand of the selling price after his choice so.
4.7 as far as taking second place to itself nothing else arises, further-reaching claims are the customers just for which legal justifications -- impossible. We therefore aren't liable for damages which haven't arisen at the delivering object themselves. We particularly aren't liable for escaped profit or other fortune damages of the customer.
4.8 prominent exemption from liability isn't valid as far as the damage cause is based on firm intention or gross negligence (unless, if the damage was caused by a gross negligence of a fulfillment or performance assistant unless the damage is based on the injury of a contractual legal liability). Furthermore it isn't valid if sales assert 2 BGB the news quality damage compensation entitlements because of non-payment in accordance with the § § 463.480 assured one because of lack. As for the rest the obligation to pay compensation is limited on the contract typical foreseeable damage.
4.9 possible guarantee claims as well as claims of the customer to a replacement of defect resultant damages are in lapse provided that something divergent is agreed with the customer, on the whole isn't impossible or limited in accordance with number 4 of our skid resistance on compensation 24 months after delivery of
5. joint liability
5.1 in writing this is valid also for all claims because of fault at contract end, injury of besides duties, particularly for claims from the producer's liability in accordance with § 823 BGB.
5.2 the regulation in accordance with number 5.1 doesn't apply product liability law to claims in accordance with the § § 1.4. Is valid at an initial inability or to representing impossibility same.
5.3 on the whole our liability is excluded or restricted, this also applies to the personal adhesion of our employees, employee, employee, representative and fulfillment assistants. The prices mentioned by us are authoritative
6. prices and payments
6.1 The legal value added tax isn't included in the prices. Provided that nothing else is particularly agreed, the prices exclusively are ex warehouse for packing and transport insurance.
6.2 a payment is carried out if we can have the amount endgüLültig at our disposal good only then when. We only accept changes according to a previous written agreement and only under the reservation of their Diskontierbarkeit and due to the fulfillment. All discount expenses and other additional costs are for debits of the customer and have to be refunded to us immediately. A credit note of Wechel and check amounts is carried out only when its equivalent is at our disposal unconditionally.
6.3 at first we are authorized to credit to the oldest fault despite contrary regulations of the customer. If costs and interest have already arisen, then we are authorized to credit the payments at the expense, then on the interest and last on the main performance at first.
6.4 happens the news despite reminder after not his financial obligation or there is an essential fortune deterioration with the customer, we are authorized so to give the complete outstanding sum duly even if we have already accepted changes or checks. In this case we are authorized to demand cash in advance or sureties and to refuse the fulfillment of our obligation until the cash in advance or sureties, in addition. If our desire isn't fulfilled within an adequate period set by us, then we are authorized to withdraw from the contract and/or to ask compensation because of non-payment. The Setzung escapes an extension at stoppage of payments or overindebtedness of the customer.
6.5 comes it has whole or sometimes in delay, so the news with its payment duty regardless of all our other rights to pay Federal Bank to default interest in the amount of every year 5% above the jeweilgen discount rate of the Germans as of this time as far as we don't prove a higher damage. We reserve the property for us at the objects delivered by us up to the receipt of all payments from the business connection with the customer.
7. reservation of title
7.1 At behavior of the customer particularly at delay in payment contrary to the terms of the contract we are authorized to take the reservation product back. No resignation of the contract is the withdrawal of the reservation product through us unless we would particularly have this in writing professedly. A resignation of the contract always is the distraint of the reservation product. We are authorized to the use after repurchase of the reservation product, the use proceeds have to be credited to the liabilities of the customer less adequate utilization costs.
7.2 of the news is obliged to treat the reservation product carefully; they particularly are obliged to insure these against fire, water and Diebstahlschäden at the expense of their own to the value as new sufficiently. At distraints or other interventions of third parties
7.3 has to inform the customer us immediately in writing. The customer is liable for the failure resulted for us the legal costs out of court of a complaint to refund us in accordance with § 771 as far as the third party is not able ZPO.
7.4 of the news is authorized to sell and to sell the reservation product in the proper business further; it hands over all demands to us, however, already now in height of the invoice final amount (including value added tax) off, our demand which is caused for it against its buyers or third parties and but independent of it whether the reservation product without or you have resold after processing. The customer remains authorized to the collection of this demand also after the assignment. Our authority, the demand to move in itself, remains untouched. We oblige each other, however, not to retract the demand as long as the customer meets his financial obligations from the taken earnings, gets into delay in payment and particularly no application for opening of a bankruptcy or insolvency proceedings is made or not there is stoppage of payments. If this is the case, then we can demand that the customer announces us the demands gone off and their debtors, makes required details everyone the move, the necessary documents hands over and the assignment informs debtors (third parties) about him.
7.5 the processing or reorganization of the reservation product by the customer is always carried out for us. If the reservation product is processed with objects not belonging to others, us, then we purchase the co-ownership of the new thing the value of the reservation product to the other worn objects in the time of the processing proportionally. The same applies to the thing arising from processing as for the rest like for the objects delivered under reservation.
7.6 becomes the reservation product we purchase the co-ownership of the new thing proportionally with others, objects not belonging to us mixed inseparably, so the value of the reservation product to the other mixed objects at the time of the intermixing. The intermixing in the way is carried out that the thing of the customer as a main thing can be looked, is so regarded as agreed that co-ownership assigns us to the news share in moderation. The customer keeps the alone or co-ownership arisen so safe for us.
7.7 of the news also hands over the demands to us against him to save our demands which arise by the connection of the reservation product with a property against a third party. We oblige
7.8 to release us, the securities being entitled to us on desire of the customer in this respect when the value of our securities exceeds the demands to be secured around more than 20%; the choice of the securities to be released is incumbent us.
8. Aapplicable right, place of performance, old relationships
8.1 for the business relations and all of the on the right relations between the customer and us is exclusively valid the right of the Federal Republic of Germany. The application of the uniform law about the international purchase of mobile things ECG as well as the convention of the united nations over treaties on the international goods purchase (CISG) is excluded.
8.2 only place of performance for delivery and performance is Bremen.
8.3 all earlier sale and delivery terms are lifted by it.
9. place of jurisdiction
9.1 is exclusive place of jurisdiction for all disputes immediately or indirectly arising from the contract relationship Bremen. We have, however, the right to sue the customer at his general place of jurisdiction.
9.2 also on cross-border deliveries is exclusively place of jurisdiction for all disputes from the contract relationship Bremen, Federal Republic of Germany (article 17 of the European convention about the legal responsibility and the execution of a legal decision into civilian and trade things = EuGVÜ). We reserve the right to call every other court also which is responsible due to the EuGVÜ. 8-1-2003
01.08.2003
